IN THE CASE OF:	  

		BOARD DATE:	  2 February 2012

		DOCKET NUMBER:  AR20110013536 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his overseas service, specifically the overseas service bar and Overseas Service Ribbon.

2.  The applicant states he was told that he is eligible for one overseas service bar and ribbon as a result of his service in El Salvador from 3 November 1984 through 1 March 1985 as shown on his letter of commendation and from 21 June 1986 to 21 October 1986 as show on his award of the Joint Service Achievement Medal.  

3.  The applicant provides:

* DD Form 214
* Reissued DD Form 214
* DD Form 215 (Correction to DD Form 214)
* Letter of commendation
* Citation for award of the Joint Service Achievement Medal

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant enlisted in the Regular Army on 10 November 1983 and he held military occupational specialty (MOS) 67N (Utility Helicopter Repairer).  Subsequent to completion of MOS training, he was reassigned to Headquarters and Headquarters Company and later C Company, 1st Aviation Battalion, Fort Riley, KS, on or about 17 May 1984.

3.  His record contains various correspondences related to his service in El Salvador, as follows:

	a.  letter, dated 11 April 1985, from his company commander, forwarding complimentary correspondence recognizing his contributions and support to the U.S. Embassy, El Salvador.   

	b.  letter, dated 19 March 1985, issued by the Ambassador, Embassy of the United States, El Salvador, wherein he recognized the performance of selected personnel of the 1st Aviation Battalion, including the applicant, for their aviation support to the U.S. Embassy from 3 November 1984 to 1 March 1985. 

	c.  citation to accompany award of the Joint Service Achievement Medal for meritorious service as a helicopter crew chief for the Helicopter Detachment, U.S. Military Group – El Salvador, from 21 June 1986 to 21 October 1986. 

4.  Permanent Orders 103-11, issued by the Personnel Service Company, Fort Riley, KS, on 29 July 1986, awarded him the Army Commendation Medal for service with C Company, 1st Aviation Battalion, from 10 May 1984 to 10 November 1986.  The narrative accompanying this award stated:

Applicant participated in numerous field training exercises and two rotations (November 1984 to March 1985 and June 1986 to November 1986) to Honduras

5.  He was honorably released from active duty on 9 November 1986.  His DD Form 214 shows in items:

* 12f (Record of Service – Foreign Service) – the entry "00  00  00"
* 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) the:

* Sharpshooter Marksmanship Qualification Badge with Rifle Bar(M-16)
* Expert Marksmanship Qualification Badge with grenade bar
* Army Service Ribbon
* Aircraft Crewmember Badge
* Army Commendation Medal
* Good Conduct Medal
* Army Achievement Medal (1st Oak Leaf Cluster)
* Joint Meritorious Unit Award

6.  On 22 February 1988, he was issued a DD Form 215 that added award of the Joint Service Achievement Medal. 

7.  On 16 March 1999, he was issued a DD Form 215 that added award of the Armed Forces Expeditionary Medal (El Salvador).

8.  On 25 January 2011, his DD Form 214 and DD Forms 215 were voided and he was reissued a DD Form 214 that shows in item 12f the entry "0000  00  00" and in item 13 the:

* Sharpshooter Marksmanship Qualification Badge with Rifle Bar(M-16)
* Expert Marksmanship Qualification Badge with grenade bar
* Army Service Ribbon
* Aircraft Crewmember Badge
* Army Commendation Medal
* Army Good Conduct Medal
* Army Achievement Medal (1st Oak Leaf Cluster)
* Joint Meritorious Unit Award (2nd Award)
* Armed Forces Expeditionary Medal
* Joint Service Achievement Medal of the United States 

9.  Army Regulation 600-8-22 (Military Awards) states:

	a.  the Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981.  Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours.  Table 3-2 of Army Regulation 614-30 (Overseas Service) states the tour length for service in short tour areas is 24 months (accompanied) and 12 months (unaccompanied). 

	b.  the Armed Forces Expeditionary Medal is authorized for qualifying service after 1 July 1958 in military operations within a specific geographic area during a specified time period.  An individual who was not engaged in actual combat or equally hazardous activity must have been a bona fide member of a unit participating in or be engaged in the direct support of the operation for 30 consecutive or 60 nonconsecutive days provided this support involved entering the area of operations.  Qualifying service for this award includes designated U.S. military operations of assistance to friendly foreign nations in El Salvador from 1 January 1981 to 1 February 1992.

10.  Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for the Overseas Service Bar.  Paragraph 28-28 states a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message. There are special provisions regarding authorization for the overseas service bar for service in a hostile fire zone and for combining service to calculate award of the bars.  For El Salvador service, one overseas service bar is authorized for each 6–month period of Federal service as a member of a U.S. Service who participated in El Salvador, from 1 January 1981 to 1 February 1992.  The months of arrival to, and departure from El Salvador are counted as whole months.

DISCUSSION AND CONCLUSIONS:

1.  With respect to the Overseas Service Ribbon, the available evidence shows the applicant was a member of an aviation detachment supporting military operations in Honduras/El Salvador:  

	a.  the letter of commendation from the U.S. Ambassador commended members of the detachment for their support from 3 November 1984 to 1 March 1985, a period of 3 months and 27 days.

	b.  the citation for award of the Joint Service Achievement Medal shows the applicant served as a helicopter mechanic from 21 June 1986 to 21 October 1986, a period of 4 months and 1 day.

	c.  when combining the two periods together they add up to 7 months and 28 days.  This service is insufficient for award of the Overseas Service Ribbon. 

2.  With respect to the overseas service bar, the overseas service bar is an item of uniform wear, not an award or decoration.  There is no provision to list an item of clothing on the DD Form 214. 
BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X____  ___X_____  ___X_____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      _______ _   _X______   ___
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20110013536



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ABCMR Record of Proceedings (cont)                                         AR20110013536



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